Sahara Energy Resource Ltd v Rahamaniyya Oil & Gas Ltd & Ors [2022] EWHC 3285 (Comm) (25 November 2022)

Sahara Energy Resource Ltd v Rahamaniyya Oil & Gas Ltd & Ors [2022] EWHC 3285 (Comm) (25 November 2022)

Where a party has fully complied with court orders, satisfied the opposing party, and paid all sums and costs, the court may discharge previous injunction and contempt orders, especially where the claimant supports the application and public interest favours encouraging compliance and settlement.

Citation
[2022] EWHC 3285 (Comm)
Parties
Claimant/respondent: Sahara Energy Resource Limited; First Defendant/applicant: Rahamaniyya Oil & Gas Limited; Second Defendant/applicant: Ultimate Oil & Gas DMCC; Third Defendant/applicant: Alhaji Abdulrahaman Bashir; Fourth Defendant/applicant: Adebowale Aderemi
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Commercial Court Application to Discharge Injunction and Contempt Orders / Post Judgment, Application to Discharge Orders Following Compliance and Settlement
Outcome
Application granted; all previous injunction and contempt orders discharged, conditional on payment to charity.
Legal Topics
Injunctions, Contempt of Court, Enforcement of Arbitration Awards, Purging Contempt, Settlement Agreements
Commercial Law Civil Procedure Arbitration Injunctions Contempt of Court Enforcement of Arbitration Awards Purging Contempt Settlement Agreements

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Parties

Sahara Energy Resource Limited

Claimant/respondent

Rahamaniyya Oil & Gas Limited

First Defendant/applicant

Ultimate Oil & Gas DMCC

Second Defendant/applicant

Alhaji Abdulrahaman Bashir

Third Defendant/applicant

Adebowale Aderemi

Fourth Defendant/applicant

Procedural Posture

Commercial Court Application to Discharge Injunction and Contempt Orders / Post Judgment, Application to Discharge Orders Following Compliance and Settlement

Legal Issues

  1. 1 Whether to discharge previous injunction and contempt orders after full compliance and settlement
  2. 2 Whether payment and settlement mitigate punitive and coercive elements of contempt sanctions

Ratio Decidendi

Where a party has fully complied with court orders, satisfied the opposing party, and paid all sums and costs, the court may discharge previous injunction and contempt orders, especially where the claimant supports the application and public interest favours encouraging compliance and settlement.

Court Disposition

Application granted; all previous injunction and contempt orders discharged, conditional on payment to charity.

Orders

  • Discharge of all previous injunctions and contempt orders, including those made by Butcher J.
  • Mr Bashir to pay £75,000 to the Access to Justice Foundation as a condition of discharge.